CITIZEN COMPLAINT The undersigned person files this complaint and requests that the Arkansas Ethics Commission conduct an investigation concerning the facts and actions detailed below for the purpose of determining whether or not there has been a violation of laws under the Commission’s jurisdiction. 1. Identify the person you are complaining about: Name: Travis Story Position or Title: Commissioner, Arkansas Medical Marijuana Commission Address: Phone: (Work) (479) 443-3700 Travis Story Law Firm 438 E. Millsap Dr. Suite 103 Fayetteville AR 72703 2. State in your own words the detailed facts and the actions of the person named in section 1 which prompted you to make this complaint. Include relevant dates, times, and the names, and addresses of other persons whom you believe have knowledge of the facts. I. The Medical Marijuana Commission is a “Covered Board” under the Ethics Commission’s Rules on Special State Employees – Conflicts of Interest and Ark. Code Ann. § 19-11-718. a. The Arkansas Medical Marijuana Commission (“Commission”) was created as a commission within the Arkansas Department of Finance and Administration and is therefore “a commission . created within the executive branch.” b. The Commission was created by constitutional amendment and various enacting legislation, including through appropriation legislation for the Department of Finance and Administration, and is therefore “an entity that is created by regulation, statute, legislative direction, executive order, or other informal means” and maintains “decision-making authority over procurement criteria, contracts, appointment of individuals to negotiate procurement directly or indirectly, or the approval of procurements.” Rules on Special State Employees – Conflicts of Interest, §100(b). II. Travis Story is a “Special State Employee” under the Ethics Commission’s Rules on Special State Employees – Conflicts of Interest and Ark. Code Ann. § 19-11-718. a. Travis Story is a person appointed to the Arkansas Medical Marijuana Commission and is therefore a “Special state employee” as defined in Rules on Special State Employees – Conflicts of Interest, §100(c). III. Travis Story voted on, received, or read confidential materials related to, participated in the discussion of, or attempted to influence the covered board’s decision on a procurement matter. a. Travis Story reviewed all Arkansas Medical Marijuana Cultivation Facility License Applications submitted to the Arkansas Medical Marijuana Commission. (Ex. A) 1 b. Travis Story graded or scored certain Arkansas Medical Marijuana Cultivation Facility License Applications submitted to the Arkansas Medical Marijuana Commission (“Applications”) for the purpose of determining which Applications would be chosen and therefore which individuals and entities would become licensed to operate medical marijuana cultivation facilities in Arkansas. (Ex. A) IV. Travis Story has a “Conflict of Interest” under the Ethics Commission’s Rules on Special State Employees – Conflicts of Interest and Ark. Code Ann. § 19-11-718. a. Travis story has a direct or indirect interest in certain Arkansas Medical Marijuana Cultivation Facility License Applications submitted to the Arkansas Medical Marijuana Commission. b. Jay and Mary Trulove submitted an Arkansas Medical Marijuana Cultivation Facility License Application to the Arkansas Medical Marijuana Commission individually and associated with the entity Osage Creek Cultivation, L.L.C. (“Osage Creek”). (Ex. B). c. Jay and Mary Trulove own Osage Creek. (Ex. B). d. Jay Trulove is the Incorporator/Organizer for Osage Creek, the organization of which was filed on April 21, 2017 and a matter of public record on the Secretary of State’s website. (Ex. C). e. Osage Creek’s Application was Application No. 83. (Ex. A). f. Travis Story ranked Osage Creek’s application No. 3 in his overall rankings. (Ex. A). g. Osage Creek’s next highest rank among the other commissioners was No. 6 and its average ranking among the other commissioners was No. 20.5. (Ex. A). h. Travis Story has or has had an attorney-client relationship with Jay and Mary Trulove or businesses owned or operated by Jay and Mary Trulove of Berryville, Arkansas. i. Travis Story was the Incorporator/Organizer for Trulove Properties LLC which was organized on February 1, 2016. (Ex. D). j. Travis Story was the Incorporator/Organizer for Trulove Farms, LLC which was organized on October 12, 2016. (Ex. E). k. Travis Story and Bob Ballinger were listed as attorneys who represented the Truloves in a land-use dispute in Benton County Circuit Court in 2016. (Ex. F). l. Bob Ballinger is a law partner of Travis Story’s at the Travis Story Law Firm. (Ex. G). m. Bob Ballinger was the Incorporator/Organizer of Trulove Sales & Rental, LLC which was organized on June 16, 2017, two weeks prior to the opening of the Commission application period. (Ex. H). n. Ballinger is reported as stating that he and Story told the Truloves that the firm couldn’t do any legal work for them on marijuana-related matters. Therefore, Travis Story and/or the Travis Story Law Firm knew that the Truloves were submitting an 2 Arkansas Medical Marijuana Cultivation Facility License Application to the Arkansas Medical Marijuana Commission. (Ex. I). o. Bob Ballinger is a member of the Arkansas House of Representatives and is a candidate to be elected to the Arkansas State Senate. (Ex. J). p. Ballinger’s campaign for Arkansas State Senate received $1,000 in contributions from Jay and Mary Trulove on June 28, 2017. (Ex. J). q. Osage Creek was represented by registered lobbyist Chase Dugger. (Ex. K). r. Chase Dugger contributed $325.00 worth of “Food” to Bob Ballinger on June 15, 2017. (Ex. J). s. On October 30, 2017, Ballinger’s campaign paid “Sports Corner” $626.75. (Ex. L). t. “Sports Corner” is owned by Jay and Mary Trulove. (Ex. B, pp. 43-46; Ex. M) u. Jay and Mary Trulove provided resumes as exhibits to their Cultivation Application. These resumes listed “Sports Corner” as an employer and described the Truloves’ business experiences with Sports Corner as well as with other entities, including the entities that Travis Story organized for the Truloves. (Ex. B, pp. 43- 46) v. Bob Ballinger paid JCD Consulting Services $1,600.00 on July 7, 2017. (Ex. N). w. JCD Consulting Services is a consulting company owned by Chase Dugger. (Ex. K). 3. Attach or make reference to any documents, materials, minutes, resolutions or other evidence which support your allegations. Please see the attached Exhibits. AFFIRMATION AND CERTIFICATION Affirmation and Certification page is attached hereto. 3 EXHIBIT A Total Name Application Miller Roman Henry-Tillman Carroll Story 486 Natural State Medicinals Cultivation 88 99 98 98 98 93 444 Bold Team, LLC 26 95 67 98 97 87 438 Natural State Wellness Enterprises 123 88 68 94 99 89 438 Natural State Wellness Enterprises 124 88 68 94 99 89 432.5 Osage Creek Cultivation 83 97.5 52.5 92.5 95.5 94.5 432 Delta Medical Cannabis Company, Inc. 11 88 63 92 92 97 427.5 River Valley Relief Cultivation 65 92.5 64.5 78.5 97.5 94.5 427.5 New Day Cultivation 70 90.5 77.5 97.5 91.5 70.5 426.5 Southern Roots 27 92.5 69.5 90.5 95.5 78.5 422 Delta Cannabinoid Corp. 173 87 60 93 93 89 421.5 Clinice, LLC 180 83.5 65.5 87.5 94.5 90.5 420 Nello Labs of Arkansas 208 85 62 99 90 84 419 Onyx Wellness 275 92 57 98 87 85 419 Acanza Health Group (St. Francis) 306 98 64 92 93 72 418 Acanza Health Group (Jefferson) 308 98 64 92 93 71 417 Heritage Farms of Eastern Arkansas 164 81 77 87 94 78 415 Natural State Medical Group 151 94 74 81 94 72 414.5 Ideal Medical Incorporated 77 93.5 62.5 89.5 87.5 81.5 414 Regeneration Naturals 223 96 64 76 87 91 412 Boll Weevil Farms of the Delta 152 98 62 86 92 74 411 New Harvest Agri 122 88 61 93 91 78 411 Pine Bluff Agriceuticals 253 94 62 91 91 73 408 Mothers Accountable for Marijuana in Arkansa 177 86 71 85 90 76 405 Medi Chai, LLC 191 84 65 87 94 75 404.5 Woodruff County Medical Marijuana Cultivatio 294 80.5 75.5 89.5 76.5 82.5 403 Trident Sky, Inc. 14 84 54 87 91 87 402 Mighty River Growers 76 81 58 91 90 82 401 Grassroots OPCO AR 138 89 61 86 89 76 399 Arkansas Medical Solutions 176 87 56 98 88 70 399 Arkansas Natural Products 262 85 70 93 81 70 399 Comprehensive Care Group 285 84 61 86 92 76 398.5 GTI Arkansas 111 95.5 56.5 84.5 89.5 72.5 398 Terradiol Arkansas 107 90 48 94 92 74 398 Nature's Greenhouse 169 83 54 87 90 84 396.5 Southeastern Medical Solutions 109 81.5 54.5 88.5 93.5 78.5 EXHIBIT A 395 7-Hybrid Cultivation 157 91 44 90 99 71 395 Arkansas Medicinal Source 280 90 60 78 94 73 394.5 Courageous Ann, LLC 9 94.5 55.5 92.5 90.5 61.5 392 Columbia Care Arkansas 264 85 53 94 89 71 391 Naturalis Health 131 72 59 81 89 90 389.5 DB Science 304 81.5 51.5 90.5 85.5 80.5 389 Plant Family Medical Group 196 99 55 81 80 74 388 Delta Canna 9 166 80 61 91 87 69 386.5 Delta Cultivators, LLC 16 80.5 59.5 87.5 92.5 66.5 386.5 Desert River Management 144 85.5 48.5 85.5 93.5 73.5 386 Arkansas Reliable Green 68 88 61 83 88 66 385 Health Central Arkansas 200 87 58 90 84 66 384.5 Little Rock Organic, Inc.